On April 4, 2014, Sarah Macdissi will participate as a panelist on the Creighton Career Center's event, "Exploring Healthcare Careers". The panel will present career options and directions to 150-300 students interested in healthcare but are not certain of the many directions that are afforded them when deciding their personal direction. The panel encourages students to search beyond what they typically view as healthcare-focused careers.
On March 24, the Environmental Protection Agency (EPA) proposed a new definition of "waters of the United States" as applied in the Clean Water Act (CWA). The definition of "waters of the United States" currently means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb [...]
Last week I noted that I would be assisting with the AAJ Regional Trial Competition held in Omaha. I served as a judge for what was, in my view, a very close round between two good teams. Here are some of the trial tactics I was reminded of: Do not assume the presiding judge knows your case as well as you do. This particularly true when responding to an objection [...]
REO Speedwagon might have been discussing the Nebraska Supreme Court's recent opinion in C.E. v. Prairie Fields Family Medicine, P.C., 287 Neb. 667 (2014) in their famous song, "Take it on the Run." The Prairie Fields case dealt with the issue of whether a patient could sue a medical provider for intentional and negligent infliction of emotional distress for the alleged unauthorized disclosure of that patient's testing positive for HIV. In [...]
On January 21, 2014, Nebraska State Senator Bill Avery, introduced a bill (LB1005), which would create a board to govern the use of surface and groundwater. Currently, surface water is controlled by the State's Department of Natural Resources while groundwater is regulated by 23 Natural Resource Districts (NRDs). Recognizing a direct connection between surface water and ground water, Avery believes one board would provide a consistent regulation over the state's [...]
LDM partner Cathy Trent-Vilim recently received a favorable arbitration award in a contract dispute between her insurer client and the client’s former agent. The arbitrator issued his ruling only ten days after the proceeding ending, awarding the client all of its damages.
LDM attorneys Mark Novotny and Sarah Macdissi have obtained a ruling from the Nebraska Court of Appeals affirming the dismissal of a dental malpractice lawsuit. The Plaintiff’s Complaint was dismissed on summary judgment because the Plaintiff failed to rebut the prima facie evidence that the defendant dentist had met the standard of care in his treatment of the Plaintiff. The Nebraska Court of Appeals upheld the dismissal.
The Fifth Circuit Court of Appeals recently ruled in Woodward, LLC v. Acceptance Indemnity Insurance Company, that a general contractor, named as an additional insured, did not have coverage for claims that a subcontractor performed faulty work. At issue was the language in the additional insured endorsement, which provided coverage for ongoing operations, not completed operations. The court held that the damages arose out of completed operations not the subcontractor’s [...]
LDM Business Litigation Partner Brian Brislen was a contributing editor to the 2014 edition of Business Torts A Fifty State Guide published by Wolters Kluwer. Mr. Brislen contributed the Nebraska Chapter to the book designed to provide a succinct summary of the business torts laws of the fifty states and the District of Columbia. Mr. Brislen was assisted in this project by LDM law clerk Jonathan Cox. LDM has a [...]
Omaha Magazine has released the Omaha results of The Best Lawyers in America for 2014. This list is an excerpt from The Best Lawyers in America which includes listings for more than 50,000 lawyers in 128 specialties, in all 50 states who have been chosen through an exhaustive survey in which top lawyers confidentially evaluate their professional peers. Partner William M. Lamson was recognized in his fields of Bet-The Company [...]
This week Omaha plays host to a regional trial competition sponsored by the American Association for Justice. Nine law schools from the Midwest region will send a total of 16 teams to compete. I, along with many of my Omaha attorney colleagues, will serve as performance and presiding judges for the rounds. This is a big moment in the lives of the participating law students. It is where they have [...]
Iowa subcontractors convinced the Iowa Supreme Court that the Iowa Department of Transportation ("IDOT") should cover unpaid balances the general contractor owed to subcontractors. Although this ruling will only apply to situations where the IDOT has waived the bonding requirement for certain contractors, it’s still a great win for subcontractors. This case, Star Equipment v Iowa, involved the construction of a roadside rest area along Interstate 80. Universal Concrete was [...]
Incentives work. Trust me, I use incentives all the time to get my three year old to sit still, eat his dinner, and stop asking me "why?" So why don't you ever see crop insurance agents incentivizing clients with bargains on premiums? Incentives on crop insurance rates, no matter how small, are not allowed. In the crop insurance world such incentives are called "rebates" and offering rebates is illegal under the Federal [...]
Who would have ever thought that President Obama would appear on "Between Two Ferns with Zach Galifianakis" on the Funny or Die website. See the video here. Obama was there to pitch, what else, Obamacare. To do so, he had to answer the following questions painfully posed by Galifianakis: "What is it like to be the last black president?" "What should be done about North Ikea?" Obama was not without [...]
The Department of Labor just announced that its Persuader Rules will not be issued in March, 2014, as had been expected. Exactly why the rules have been delayed is anyone’s guess, but the delay may be an effort to avoid the issue until after the mid-term elections this November. While the rules have been delayed, they are a very big deal. As we have blogged in the past, the rule [...]
We see it all the time. Boilerplate language in a contract that becomes a major issue down the line. A recent case revealed the problems a contractor had with permits when the contractor’s estimate contemplated an easy permitting process and compliance, but in actuality it was much, much more difficult. The case Bell/Heery v. United States, involved Bell/Heery’s request for additional compensation under a federal contract. Bell/Heery submitted a bid [...]
The Environmental Protection Agency (EPA) is looking to implement new safety measures for handling and applying pesticides on the nation's farm ground. The proposed changes come on the heels of an "Agricultural Health Study" of pesticide impacts on human health overseen by the EPA, USDA, National Institute of Health and the National Institute for Occupational Safety and Health. The proposed changes would include making pesticide protection training for applicators an [...]